This is the first step to notify the tenant that they are in breach for failing to pay rent as per the lease agreement. It gives them 20 business days to remedy this breach as required by law.
Step 2.
Letter of Cancellation
If the tenant fails to comply with the Letter of Demand, you can cancel the lease and demand immediate vacating. If they refuse, they are in unlawful occupation and you can apply to Court for eviction.
Step 3.
Eviction Application
This is a Request for Permission to Serve, a Notice of Motion, and a Founding Affidavit. We draft these documents and appear before a Magistrate to get permission to serve the eviction application.
Step 4.
Court Appearance
If unopposed, an Eviction Order is issued, giving the tenant time to vacate before the Sheriff ejects them. If opposed, we present arguments before a Magistrate to finalise the matter.
Our firm have entrenched ourselves at the leading edge of the boutique eviction solutions providers experienced, reputable, trusted, and effective eviction law in Loevenstein, Bellville. In cases where an eviction attorney represents a property manager, he or she may generally counsel his homeowner as to whether or not he or she has good grounds to evict the lessee and then put together, submit, and serve the eviction documentations and represent his/her property owner in courtroom. In relations to the Constitution of South Africa, Nobody can be kicked out from their residence, or have their house demolished, in the absence of an order of court only made once taking into consideration all of the related circumstances. Absolutely no regulations could enable irresponsible evictions.” PIE sets out the process to be followed in the case of these sorts of removals.
Tenants Not Paying Rent
In a lot of places, it is prohibited to evict a tenant before all legal proceedings are over, and this might take few weeks. It resides in property owners best interests however to terminate the lease and evict the defaulting lessees asap as the top priority should be to replace a delinquent tenant with a paying leaseholder.
Getting Tenants Out
Even though a number of us can not envision a situation emerging in which the resident not only refuses to pay for the rent, yet furthermore refuses to vacate.
Lease Agreements
Whilst it isn’t a official requirement to have a drafted lease, it is strongly advocated. The lease agreement will define all of the terms and conditions– for both equally parties– of the occupancy. The lease offers safeguards to simultaneously lessor and tenant in case of either one individual reneging on their responsibilities.
Urgent Evictions
Section 5 of the Act deals with urgent evictions. Very notably an individual has to explain to a court that there certainly is and will be serious injury to people (that could incorporate the wrongful occupiers themselves) or else destruction to the property in case that the court order is not approved. An urgent eviction is actually so effective, that it allows for the unwilling tenant or the illegal occupant to get commanded by the court to abandon the residential property within 24 hours, declining which the sheriff of the court is authorised to purposely dislodge the unauthorised occupier off the estate.
Time & Cost of Evictions
Since an occupant might choose to leave a home at any phase through the eviction proceeding, the price can dramatically differ with every situation. The rental arrears recovery procedure is generally launched hand and hand, and operates in conjunction to the application for legal eviction procedure.
Landlords Rights
Even-though a iron clad lease legal contract streamlines eviction procedures, the lack of a lease agreement does not necessarily suggest that unauthorised occupants can’t be evicted. Find out more about lease-holders rights & duties here.
Required Documents
The start should be normally to get the signed lease commitment from the home-owner and details of the transgressions of the tenant. In the event that the lessee cannot pay for rent, complete particulars of the arrears have to be provided by the lessor.
Loevenstein eviction advice. Looking for eviction advice? Rubensteins Attorneys in Cape Town are specialist eviction lawyers in Loevenstein, providing fast legal eviction notices for landlords and property owners.
Eviction Order Lawyers for Loevenstein in Cape Town
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